손해배상(기)
1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from February 10, 2017 to June 30, 2017 to the Plaintiff.
1. The following facts in respect of which liability for damages has occurred may be acknowledged by taking account of the absence of any dispute between the parties concerned, or the overall purport of each entry and statement of evidence No. 1 to No. 12.
The plaintiff and C are legally married couple who completed the marriage report on June 19, 2009, and have one child between them.
B. The Defendant, with knowledge of the fact that C’s spouse had been a spouse, developed from around 2015 to the internal relationship, and committed unlawful acts, such as having sexual intercourse.
Husband and wife shall live together, and have the obligation to support and cooperate with each other.
(Article 826 of the Civil Act). Husband and wife, as a community combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, and shall have the right to such obligation.
As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.
Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.
On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.
In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.
(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). According to the aforementioned facts, the Defendant knows that C is a spouse.